Alex Halow Immigration Attorney — www.k1fianceevisas.com

K1 Visa Processing Times:

The time required to obtain a K1 visa depends in part on where you reside in the U.S. Where you live dictates which of two United States Citizenship and Immigration Services ("USCIS") service centers will be processing your case. These centers have different processing backlogs, which can vary over time. In addition, there can be some lag between the time your K1 visa petition is approved by the USCIS and the time the case arrives at the relevant consulate. Finally, the total processing time for the K1 visa will also depend on the country the fiancee is from; some consulates are much busier (and thus take longer to process visa applications) than others.

The USCIS processing reports for April 14, 2010 give the following processing times for K1 visas:

CALIFORNIA SERVICE CENTER:

Accepts K1 filings from Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Nevada, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming. As of April 2010, the USCIS is reporting a five-month processing time for K1 petitions at this Service Center. However, independent data indicates the actual processing time is roughly 60 days.

VERMONT SERVICE CENTER:

Accepts K1 filings from Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and D.C. As of April 2010, the USCIS is reporting a five-month processing time for K1 petitions at this Service Center. However, independent data indicates the actual processing time is roughly 90 days.

K3 Visa Processing Times:

As of April 2010, all K3 visa applications are being submitted to the USCIS Service Center where the underlying I-130 Petition is pending. Each of the four USCIS Service Centers is likely to have a different processing time, but as of April 2010 K3 visa processing seems to be tied to the processing of the underlying I-130 (in other words, both are being approved at roughly the same time).

There can be a lag between the approval of the K3 petition and the time when the case arrives at the relevant consulate. The total processing time will also depend on the country where your spouse resides, because some consulates are much busier (and thus take longer to process visa applications) than others. Because K3 visa petitions are currently being processed at the same time as I-130 petitions, and because there have been improvements in how the National Visa Center handles I-130 petitions after USCIS approval, in many cases my clients are choosing to move forward with their I-130 petition rather than pursuing a K3 visa petition. However, I believe it is still useful to have a K3 visa petition pending as a "back up plan" in case there are changes in how I-130 petitions are handled in the future.

Processing Time Estimates:

Although it is impossible to guarantee a precise processing time for K1 and K3 visas, it is possible to come up with an accurate estimate by taking the USCIS processing reports and other factors mentioned above into account. I will always try to provide you with an accurate estimate of processing time at the outset of your case. I also periodically monitor the processing times at the various service centers and consulates, and I will warn you if for any reason the USCIS or relevant consulate appears to be experiencing processing delays.

The information on this web site regarding immigration, K1 fiancee visas, and K3 spouse visas is general, and cannot be substituted for legal advice.